Sri. Rudresh. B. M v. Smt. Shobha

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO.5343 OF 2025 (MV-I) BETWEEN:

¶1SRI. RUDRESH. B.M., S/O SRI. MANJUNATHA K.V., AGED ABOUT 40 YEARS, R/AT NO.268, 4TH CROSS, KANAKAPURA MAIN ROAD, PRAGATHIPURA, BANASHANKARI, BENGALURU - 560 078. …APPELLANT

(BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE)

AND:

¶1SMT. SHOBHA, W/O SRI. VENKATESH, MAJOR, R/AT NO.365, CHELAKERE, ANDRA MUNIYAPPA LAYOUT, KALYAN NAGARA, BENGALURU - 560 043.

(OWNER OF BOLERO BEARING REG. NO. KA-05-AH-1251).

¶2THE MANAGER, UNIVERSAL SOMPO GENERAL, INSURANCE CO. LTD., NO.7, 2ND FLOOR,

SHAH COMPLEX, 9TH MAIN, 5TH BLOCK, JAYANAGARA, BENGALURU - 560 041. …RESPONDENTS

(BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2; VIDE ORDER DATED 08.07.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.05.2025 PASSED IN MVC NO.2447/2024 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

¶1This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 05.05.2025 passed in MVC No.2447/2024 by the Chief Judge, Court of Small Causes & Member, Principal M.A.C.T., Bengaluru (SCCH-1).

¶2Even though the matter is listed today for admission, with the consent of learned counsel for the appellant and

learned counsel for respondent no.2, the matter is taken up for disposal.

¶3The appellant/claimant preferred a claim petition before the Tribunal seeking compensation for the injuries sustained by him in a road traffic accident that occurred on

09.03.2024 contending that the accident occurred due to the rash and negligent driving of the driver of Bolero Car bearing No.KA-05-AH-1251. The Tribunal, after recording evidence adduced by the parties and appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Head of Compensation Amount

¶1Pain and Sufferings Rs. 70,000-00

¶2Treatment charges Rs. 34,181-00

¶3Attendant, conveyance and nourishment charges Rs. 20,000-00

¶4Loss of income during treatment period Rs. 1,32,000-00

¶5Loss of amenities and future unhappiness. Rs. 50,000-00 TOTAL Rs. 3,06,181-00

¶4The Tribunal has also awarded interest @ 6% per annum from the date of claim petition till realisation and directed respondent no.2-Insurance Company to deposit the compensation with interest.

¶5The claimant has preferred the present appeal seeking enhancement of the compensation awarded by the Tribunal.

¶6Heard the learned counsel for the appellant and the learned counsel for respondent no.2/insurer.

¶7The accident occurred on 09.03.2024. The claimant was aged 39 years as on the date of the accident. He was working as Screen printer and delivery boy in Shristi Printers, Bengaluru.

¶8The claimant has sustained trimalleolar left ankle fracture. Considering the said injury, the compensation awarded towards pain and suffering in a sum of Rs.70,000/- is just and proper. Considering the said injury, the

compensation awarded towards loss of amenities and future unhappiness in a sum of Rs.50,000/- is enhanced to Rs.70,000/-.

¶9The claimant was admitted in the hospital for seven days. Considering the same, the compensation awarded towards attendant, conveyance and nourishment charges in a sum of Rs.20,000/- is just and proper. The Tribunal has rightly awarded the compensation towards medical expenses based on the documents in a sum of Rs.34,181/.

¶10The Tribunal has awarded the compensation towards loss of income during laid up period of eight months by taking the income of the claimant at Rs.16,500/- per month. Ex.P10 is the salary certificate of the claimant wherein his consolidated salary per month is Rs.20,000/-. Considering the said salary certificate, the income of the claimant has to be taken at Rs.20,000/- per month, as against Rs.16,500/- per month taken by the Tribunal. As per Ex.P11, the claimant has availed leave for eight

months, without pay. Therefore, the claimant is entitled to the compensation towards loss of income during laid up period of eight months in a sum of Rs.1,60,000/- per month (Rs.20,000/- x 8) as against Rs.1,32,000/- awarded by the Tribunal.

¶11In view of the above, the claimant is entitled to enhanced compensation under the following heads: Sl.No. Heads Amount in (Rs.)

¶1Loss of amenities 20,000/-

¶2Loss of income during laid up period 28,000/-

Total 48,000/-

Consequently, the claimant is entitled to enhanced compensation of Rs.48,000/- with interest @ 6% per annum from the date of petition till realisation. Respondent no.2/insurer is liable to pay the said enhanced compensation with interest.

¶12In view of the above, the following: ORDER

i) The appeal is allowed in part;

ii) The appellant/claimant is entitled to enhanced compensation of Rs.48,000/- with interest @ 6% p.a. from the date of petition till realization;

iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day;

iv) The appellant is entitled to release of the entire enhanced compensation;

v) Registry is directed to return the records to the concerned Tribunal forthwith.

(SHIVASHANKAR AMARANNAVAR) JUDGE

hkh. List No.: 1 Sl No.: 17